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  1. #1
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    Jan 2011
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    21

    Default Can You Get DUI in California for 'Sleeping It Off' in Your Legally Parked Car

    My question involves criminal law for the state of: California

    Can you get a DUI in California for 'sleeping it off' in your legally parked car? Note at no time is the vehicle operated/driven while intoxicated.

    Asking out of curiosity. Had an discussion with a friend regarding this.

    If one was to find yourself unfit to drive but without means to get home, what would be the best option? Hopefully some of the LEOs here can comment. Thank you in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Can You Get DUI in California for 'Sleeping It Off' in Your Legally Parked Car

    Quote Quoting LBaker
    View Post
    My question involves criminal law for the state of: California

    Can you get a DUI in California for 'sleeping it off' in your legally parked car? Note at no time is the vehicle operated/driven while intoxicated.

    Asking out of curiosity. Had an discussion with a friend regarding this.

    If one were to find yourself unfit to drive but without a means to get home, what would be the best option? Hopefully some of the LEOs here can comment. Thank you in advance.
    That depends.

    Yes, driving is an element of CVC 23152(a). However, there are some exceptions to the observed driving rule but the officer would still have to establish probable cause to believe you have been operating the motor vehicle.

    However, sleeping in your car while inebriated (i.e. being "passed out") can result in an arrest for public intoxication per PC 647(f).

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